NY State Senate Bill 2017-S1306

Senate Bill S1306

2017-2018 Legislative Session

Establishes committee on university boards of trustees nominations to nominate candidates for boards of trustees of state university, city university and college of environmental science and forestry

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to higher education
Jan 09, 2017	referred to higher education

2017-S1306 (ACTIVE) - Details

See Assembly Version of this Bill:: A2465
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§353, 6003 & 6204, add Art 25 §§1301 - 1308, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2050
2011-2012: A2455
2013-2014: S4902, A772
2015-2016: S1035, A5373
2019-2020: A438

2017-S1306 (ACTIVE) - Summary

Establishes the committee on university boards of trustees nominations to recommend candidates who must be considered for appointment to fill vacancies on the board of trustees of the state university of New York, the city university of New York and the college of environmental science and forestry of the state university of New York; establishes qualifications for such candidates; establishes orientation education program and continuing education program for members of such boards of trustees, and establishes conflict of interest provisions relating to such members.

2017-S1306 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1306

 TITLE OF BILL :

An act to amend the education law, in relation to creating a committee
on nominations to the boards of trustees of the state university of
New York and the city university of New York

 PURPOSE OF THE BILL :

Establishes 1) a committee for the purpose of identifying properly
qualified candidates for the position of SUNY or CUNY trustee, 2)
conflict of interest provisions for SUNY and CUNY trustees and 3)
mandatory orientation and continuing education programs.

 SUMMARY OF PROVISIONS :

Sections 1, 3, and 4: Amend sections 353, 6003 and 6204 of the
education law requiring SUNY, SUNY College of Environmental Science
and Forestry and CUNY trustees to attend mandatory orientation and
continuing education programs.

 JUSTIFICATION :

There has been a nationwide trend of declining quality of trustees of
public higher education. Several states have taken legislative or

executive action to assure highly qualified appointments to the boards
of trustees for their respective public universities and colleges.
Several states have initiated educational programs for their trustees
both for orientation and continuing education. The Association of
Governing Boards of Universities and Colleges recommends both a
strengthened trustee selection procedure and training for the
improvement of public sector higher education trustees (see AGB
Occasional Paper No. 13).  The New York State Comptroller has
recommended a revised appointment procedure, such as a screening
committee or nominating board, for the trustees of our state's two
public university systems (see New York State's Higher Education
Policy Vacuum -September 1998). This legislation addresses those
issues that can strengthen the quality of SUNY and CUNY trustees now
and into the future.

 PRIOR LEGISLATIVE HISTORY :

A.6817 of 1999 referred to Ways and Means
A.1060 of 2001 referred to Higher Education
A.1060 of 2002 referred to Higher Education
A.5512 of 2003 referred to Higher Education
A.5512 of 2004 ordered to 3rd reading
A.1555 of 2005 referred to Higher Education
A.1555 of 2006 referred to Ways and Means
A.2833 of 2007 referred to Ways and Means
A.2833 of 2008 referred to Higher Education
A.2050 of 2009 referred to Higher Education
A.2050 of 2010 referred to Higher Education
A.2455 of 2011-12 referred to Higher Education
A.772 of 2013-14 referred to Higher Education
S.1035/A.5373-referred to Higher Education

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Additional administrative expense to be borne by SUNY and CUNY
appropriations.

 EFFECTIVE DATE :
This act shall take effect on the First of December next succeeding
the date on which it shall have become law; provided, however, all
members of the committee on University boards of trustees nominations
shall be appointed pursuant to section 103 of the education law, as
added by section two of this act, on or before such effective date.

2017-S1306 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1306
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to creating  a  committee
   on  nominations  to  the boards of trustees of the state university of
   New York and the city university of New York

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 353 of the education law is amended by adding a new
 subdivision 5 to read as follows:
   5.  EVERY  MEMBER  OF  THE  BOARD  OF TRUSTEES OF THE STATE UNIVERSITY
 SHALL, UPON INITIAL APPOINTMENT TO SUCH OFFICE, COMPLETE THE ORIENTATION
 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION  FOUR  OF  SECTION  THIRTEEN
 HUNDRED  FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD OF
 TRUSTEES OF  THE  STATE  UNIVERSITY  SHALL  COMPLETE  THE  COMPREHENSIVE
 CONTINUING  EDUCATION  PROGRAM, ESTABLISHED PURSUANT TO SUBDIVISION FIVE
 OF SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN ACCORDANCE WITH THE
 RULES AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY BOARDS OF  TRUSTEES
 NOMINATIONS.
   §  2.  The education law is amended by adding a new article 25 to read
 as follows:
                                 ARTICLE 25
                     COMMITTEE ON UNIVERSITY BOARDS OF
                           TRUSTEES NOMINATIONS
 SECTION 1301. LEGISLATIVE INTENT.
         1302. DEFINITIONS.
         1303. COMMITTEE ON UNIVERSITY BOARDS  OF  TRUSTEES  NOMINATIONS;
                ESTABLISHED.
         1304. POWERS AND DUTIES.
         1305. RECOMMENDATIONS.
         1306. CANDIDATE QUALIFICATIONS.
         1307. SUPPORT SERVICES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00752-01-7

 S. 1306                             2
 
         1308. CONFLICT OF INTEREST.
   §  1301.  LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY FINDS THAT THERE
 HAS BEEN A NATIONWIDE TREND OF DECLINING  QUALITY  OF  THE  TRUSTEES  OF
 PUBLIC  INSTITUTIONS  OF  HIGHER  EDUCATION.  SEVERAL  STATES HAVE TAKEN
 LEGISLATIVE OR EXECUTIVE ACTION TO ASSURE HIGHLY QUALIFIED  APPOINTMENTS
 TO  THE  BOARDS OF TRUSTEES FOR THEIR RESPECTIVE PUBLIC UNIVERSITIES AND
 COLLEGES. SEVERAL STATES HAVE INITIATED EDUCATIONAL PROGRAMS  FOR  THEIR
 TRUSTEES  BOTH  FOR  ORIENTATION  AND  CONTINUING EDUCATION. IN ORDER TO
 ASSURE THE CONTINUED SUCCESS AND  HIGHEST  STANDARDS  OF  PUBLIC  HIGHER
 EDUCATION  IN  THE STATE OF NEW YORK, THE LEGISLATURE HEREBY ESTABLISHES
 THE COMMITTEE ON BOARDS  OF  TRUSTEES  NOMINATIONS,  AND  ESTABLISHES  A
 MANDATORY  ORIENTATION  AND CONTINUING EDUCATION REQUIREMENT FOR MEMBERS
 OF THE BOARD OF TRUSTEES OF THE  STATE  UNIVERSITY  OF  NEW  YORK,  CITY
 UNIVERSITY  OF  NEW  YORK  AND  THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
 FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
   § 1302. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "CITY UNIVERSITY" SHALL MEAN THE CITY UNIVERSITY OF NEW YORK.
   2. "COLLEGE" SHALL MEAN  THE  COLLEGE  OF  ENVIRONMENTAL  SCIENCE  AND
 FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
   3.  "COMMITTEE" SHALL MEAN THE COMMITTEE ON UNIVERSITY BOARDS OF TRUS-
 TEES NOMINATIONS.
   § 1303. COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS; ESTAB-
 LISHED. 1. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT  THE  COMMITTEE
 ON  UNIVERSITY  BOARDS  OF  TRUSTEES  NOMINATIONS.  THE  COMMITTEE SHALL
 CONSIST OF TWELVE MEMBERS  EACH  APPOINTED  FOR  A  TERM  OF  SIX  YEARS
 COMMENCING  ON THE FIRST DAY OF DECEMBER. THE MEMBERS SHALL BE APPOINTED
 AS FOLLOWS:
   A. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   B. THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF  THE
 SENATE;
   C. THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   D. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
 AND
   E.  ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
 BLY.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 THE  MEMBERS OF THE COMMITTEE WHOSE TERMS COMMENCE ON THE EFFECTIVE DATE
 OF THIS ARTICLE SHALL BE APPOINTED FOR THE FOLLOWING TERMS:
   A. TWO YEARS: ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
 SENATE,  ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER
 APPOINTED BY THE MINORITY LEADER OF THE SENATE AND ONE MEMBER  APPOINTED
 BY THE MINORITY LEADER OF THE ASSEMBLY;
   B.  FOUR  YEARS:  TWO  MEMBERS  APPOINTED  BY THE GOVERNOR, ONE MEMBER
 APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  ONE  MEMBER
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND
   C.  SIX  YEARS:  TWO  MEMBERS  APPOINTED  BY  THE GOVERNOR, ONE MEMBER
 APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  ONE  MEMBER
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   3.  THE TERMS OF ALL MEMBERS OF THE COMMITTEE SHALL END ON THE THIRTI-
 ETH DAY OF NOVEMBER IN THE YEAR THE  MEMBER'S  TERM  EXPIRES.  ALL  SUCH
 MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSOR IS APPOINTED
 AND QUALIFIED. VACANCIES, OCCURRING OTHER THAN BY EXPIRATION OF THE TERM
 OF  A  MEMBER OF THE COMMITTEE, SHALL BE FILLED FOR THE REMAINDER OF THE
 UNEXPIRED TERM. THE MEMBERS OF THE COMMITTEE MAY BE REMOVED FROM  OFFICE
 PURSUANT TO ARTICLE THREE OF THE PUBLIC OFFICERS LAW.

 S. 1306                             3
 
   4.  THE  MEMBERS  OF  THE  COMMITTEE SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   §  1304.    POWERS  AND DUTIES. THE COMMITTEE SHALL HAVE THE FOLLOWING
 POWERS AND DUTIES:
   1. TO ESTABLISH ADDITIONAL QUALIFICATION CRITERIA FOR  CANDIDATES  FOR
 THE  BOARDS  OF  TRUSTEES  OF  THE STATE UNIVERSITY, CITY UNIVERSITY AND
 COLLEGE;
   2. DEVELOP A STATEMENT OF ALL CRITERIA TO BE APPLIED AND A DESCRIPTION
 OF THE RESPONSIBILITIES AND DUTIES OF MEMBERS OF THE BOARDS OF  TRUSTEES
 OF  THE  STATE  UNIVERSITY,  CITY UNIVERSITY AND COLLEGE, AND DISTRIBUTE
 SUCH STATEMENT  AND  DESCRIPTION  TO  PROSPECTIVE  CANDIDATES  FOR  SUCH
 MEMBERSHIP;
   3.  FOR  EACH  VACANT  POSITION ON THE BOARDS OF TRUSTEES OF THE STATE
 UNIVERSITY, CITY UNIVERSITY AND COLLEGE, IDENTIFY AND RECRUIT  QUALIFIED
 CANDIDATES  FOR  SUCH POSITION, BASED UPON THE BACKGROUND AND EXPERIENCE
 OF THE CANDIDATE, AND THEIR POTENTIAL TO FULFILL THE RESPONSIBILITIES OF
 A TRUSTEE;
   4. DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY  UNIVERSITY
 AND COLLEGE, A COMPREHENSIVE ORIENTATION PROGRAM TO BE CONDUCTED BY EACH
 SUCH  INSTITUTION  FOR TRUSTEES WHO ARE INITIALLY BEING APPOINTED TO THE
 BOARD OF TRUSTEES. SUCH ORIENTATION PROGRAM SHALL INCLUDE,  BUT  NOT  BE
 LIMITED  TO,  PRESENTATION  OF  INFORMATION  RELATING TO THE APPROPRIATE
 INSTITUTION'S MISSION, BUDGET,  PLANS,  POLICIES,  STRENGTHS  AND  WEAK-
 NESSES; AND
   5.  DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY UNIVERSITY
 AND  COLLEGE,  A  COMPREHENSIVE  CONTINUING  EDUCATION  PROGRAM  TO   BE
 CONDUCTED BY EACH SUCH INSTITUTION FOR ALL ITS TRUSTEES.
   § 1305. RECOMMENDATIONS. THE COMMITTEE SHALL SUBMIT THE NAMES OF THREE
 CANDIDATES FOR EACH VACANCY ON THE BOARD OF TRUSTEES OF:
   1. THE STATE UNIVERSITY OR THE COLLEGE TO THE GOVERNOR, AND
   2. THE CITY UNIVERSITY TO THE MAYOR OF THE CITY OF NEW YORK.
   THE  GOVERNOR AND THE MAYOR OF THE CITY OF NEW YORK SHALL ONLY APPOINT
 AS MEMBERS OF A BOARD OF TRUSTEES FROM THOSE CANDIDATES SUBMITTED BY THE
 COMMITTEE.
   § 1306. CANDIDATE QUALIFICATIONS. ALL CANDIDATES RECOMMENDED  PURSUANT
 TO  SECTION THIRTEEN HUNDRED FIVE OF THIS ARTICLE SHALL HAVE THE FOLLOW-
 ING QUALIFICATIONS:
   1. GENERAL QUALIFICATIONS. ALL CANDIDATES RECOMMENDED BY THE COMMITTEE
 SHALL POSSESS UNIMPEACHABLE PERSONAL INTEGRITY, INDEPENDENCE,  A  STRONG
 COMMITMENT  TO  PUBLIC  HIGHER  EDUCATION,  A  WILLINGNESS TO DEVOTE THE
 NECESSARY TIME AND ENERGY TO THE APPROPRIATE BOARD OF  TRUSTEES,  AND  A
 WILLINGNESS  TO  FOREGO  ANY  PARTISAN  POLITICAL ACTIVITY THAT COULD BE
 DISRUPTIVE OR HARMFUL TO THE INSTITUTION OF HIGHER EDUCATION.
   2. SPECIFIC QUALIFICATIONS. ALL RECOMMENDED CANDIDATES SHALL HAVE:
   A. EARNED A HIGHER EDUCATION DEGREE,  WITH  A  PREFERENCE  GRANTED  TO
 CANDIDATES  WHOSE  DEGREE  WAS  CONFERRED BY THE STATE UNIVERSITY OR THE
 CITY UNIVERSITY;
   B. DEMONSTRATED EXPERIENCE, EITHER VOLUNTARY OR COMPENSATED, IN PUBLIC
 HIGHER EDUCATION;
   C. DEMONSTRATED EXPERIENCE AS THE MEMBER OF  A  BOARD,  COMMISSION  OR
 SIMILAR ENTITY;
   D. DEMONSTRATED EXPERIENCE OR EDUCATION RELATED TO THE IDENTIFICATION,
 INTERVIEWING AND SELECTION OF PERSONNEL;
   E.  EXPERIENCE  OR  EDUCATION  SUFFICIENT  TO  ENABLE THE CANDIDATE TO
 UNDERSTAND PUBLIC HIGHER EDUCATION FINANCE ISSUES;

 S. 1306                             4
 
   F. MET THE REQUIREMENTS ESTABLISHED FOR THE APPROPRIATE BOARD OF TRUS-
 TEES PURSUANT TO SECTION THREE HUNDRED FIFTY-THREE, SIX  THOUSAND  THREE
 OR SIXTY-TWO HUNDRED FOUR OF THIS CHAPTER; AND
   G.  MET  SUCH  ADDITIONAL CRITERIA AS THE COMMITTEE SHALL ESTABLISH BY
 RULE OR REGULATION.
   § 1307. SUPPORT SERVICES. ALL EXPENSES OF THE COMMITTEE SHALL BE  PAID
 AND  ALL  SUPPORT NEEDED BY THE COMMITTEE SHALL BE PROVIDED BY THE STATE
 UNIVERSITY AND THE CITY UNIVERSITY IN PROPORTION TO  THE  APPROPRIATIONS
 MADE TO EACH SUCH UNIVERSITY.
   §  1308.  CONFLICT  OF INTEREST. NO MEMBER OF THE BOARD OF TRUSTEES OF
 THE STATE UNIVERSITY, CITY UNIVERSITY OR COLLEGE NOR ANY IMMEDIATE FAMI-
 LY MEMBER THEREOF SHALL BE EMPLOYED FOR COMPENSATION AT ANY  INSTITUTION
 GOVERNED BY THE BOARD OF TRUSTEES OF WHICH SUCH MEMBER IS A MEMBER. WORK
 STUDY AND OTHER FORMS OF WORK RELATING TO A BONA FIDE COURSE OF STUDY OR
 FINANCIAL  ASSISTANCE FOR SUCH COURSE OF STUDY SHALL NOT BE DEEMED TO BE
 EMPLOYMENT FOR COMPENSATION FOR THE PURPOSES OF THIS SECTION.
   § 3. Section 6003 of the education law is  amended  by  adding  a  new
 closing paragraph to read as follows:
   EVERY  MEMBER OF THE BOARD OF TRUSTEES SHALL, UPON INITIAL APPOINTMENT
 TO SUCH OFFICE, COMPLETE THE ORIENTATION PROGRAM ESTABLISHED PURSUANT TO
 SUBDIVISION FOUR OF SECTION  THIRTEEN  HUNDRED  FOUR  OF  THIS  CHAPTER.
 FURTHERMORE,  EVERY  MEMBER  OF THE BOARD OF TRUSTEES SHALL COMPLETE THE
 COMPREHENSIVE  CONTINUING  EDUCATION  PROGRAM  ESTABLISHED  PURSUANT  TO
 SUBDIVISION  FIVE  OF  SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN
 ACCORDANCE WITH THE RULES AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY
 BOARDS OF TRUSTEES NOMINATIONS.
   § 4. Section 6204 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.  TRAINING OF TRUSTEES. EVERY MEMBER OF THE BOARD OF TRUSTEES SHALL,
 UPON INITIAL  APPOINTMENT  TO  SUCH  OFFICE,  COMPLETE  THE  ORIENTATION
 PROGRAM  ESTABLISHED  PURSUANT  TO  SUBDIVISION FOUR OF SECTION THIRTEEN
 HUNDRED FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD  OF
 TRUSTEES  SHALL COMPLETE THE COMPREHENSIVE CONTINUING EDUCATION PROGRAM,
 ESTABLISHED PURSUANT TO SUBDIVISION FIVE  OF  SECTION  THIRTEEN  HUNDRED
 FOUR  OF  THIS  CHAPTER, IN ACCORDANCE WITH THE RULES AND REGULATIONS OF
 THE COMMITTEE.
   § 5. This act shall take effect on the first of December next succeed-
 ing the date on which it shall have become a law; provided, however, all
 members of the committee on university boards  of  trustees  nominations
 shall  be  appointed  pursuant  to section 1303 of the education law, as
 added by section two of this act, on or before such effective date.

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